Legal Opinion

Estate of Graves v. Commissioner

United States Tax Court

Decided June 19, 1989No. Docket No. 39100-87Published

D created a trust in 1927. She retained a right to trust income, various rights with respect to the trustee, and a right to distribute income and designate beneficiaries. She expressly relinquished the right to revoke the trust in favor of herself or her husband. In 1945, D released her right to distribute income and designate beneficiaries but retained the right to receive trust income.

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D created a trust in 1927. She retained a right to trust income, various rights with respect to the trustee, and a right to distribute income and designate beneficiaries. She expressly relinquished the right to revoke the trust in favor of herself or her husband. In 1945, D released her right to distribute income and designate beneficiaries but retained the right to receive trust income. Held: A transfer to the trust, within the meaning of sec. 2036(c), 1All section references are to the Internal Revenue Code as amended and in effect as of the date of the decedent's death, and all Rule…

1Opinion of the Court

Estate of Annabel Dye Graves, Deceased, Robert S. Graves, Jr. and Richard R. Graves, Coexecutors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Graves v. Commissioner

Docket No. 39100-87

United States Tax Court

92 T.C. 1294; 1989 U.S. Tax Ct. LEXIS 92; 92 T.C. No. 86;

June 19, 1989. June 19, 1989, Filed

D created a trust in 1927. She retained a right to trust income, various rights with respect to the trustee, and a right to distribute income and designate beneficiaries. She expressly relinquished the right to revoke the trust in favor of herself or her husband. In 1945, D…

2Cases cited33 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Naftel v. CommissionerUnited States Tax Court · 1985
  3. Espinoza v. CommissionerUnited States Tax Court · 1982
  4. Shiosaki v. CommissionerUnited States Tax Court · 1974
  5. United States v. ByrumSupreme Court of the United States · 1972

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